Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.
1. The hours worked, in terms of deciding whether a person is full or part time, is what matters. What they were hired to do is not legally relevant. So, if the employee is not working the number of hours necessary to meet the requirement for full time for the employer, their benefits can change. This is even true if the employer is causing the person to have fewer hours. It would only be illegal to do so if the employee has an employment contract
specifically stating that the terms of their employment can not be altered without their consent AND that they are guaranteed a specific number of hours.
2. I don't know if this is discrimination. On the facts you've given, it's not conclusive. There is no law stating that an employer must treat everyone equally. So, just on the facts you've given so far, there is no discrimination that you've pointed out. Now, if you can make the state that the people that are getting less opportunities are being treated that way based on their race, religion, gender, age (over 40) disability or in retaliation
for their using FMLA
or worker's compensation, THEN you'd have raised an issue that clearly demonstrates disparate treatment based on an illegal factor. The point is that differing treatment, by itself, is not illegal. It has to be connected to an illegal factor.